How to divide the property in the event of a divorce How to divide the property in the event of a di

According to Article 1062 of the Civil Code, the following property acquired by husband and wife during the existence of the marital relationship shall be jointly owned by the husband and wife: (1) wages and bonuses; (2) Income from production and operation; (3) the proceeds of intellectual property rights; (4) Property obtained by inheritance or donation, except as provided for in item 3 of Article 163 of this Law; (5) Other property that shall be jointly owned. Husbands and wives have equal rights to dispose of jointly owned property.

At the same time, Article 1063 stipulates that under any of the following circumstances, it shall be the property of one of the husband and wife: (1) the property of one party before marriage; (2) Medical expenses, living allowances for persons with disabilities, and other expenses received by one side as a result of bodily injury; (3) Property that is determined in the will or gift contract to belong to only one of the husband or wife; (4) Daily necessities for the exclusive use of one side; (5) Other property that shall belong to one party. The division of the joint property of the husband and wife refers to the division of the joint property of the husband and wife into their respective personal property in accordance with the law at the time of divorce.

Articles 1062 to 1065 of the current Civil Code specify that the joint property of husband and wife is the property acquired during the existence of the relationship between husband and wife, and stipulates the content of the joint property of husband and wife in an enumerative and general manner. The law also provides for the division of the joint property of the husband and wife: division by agreement and division by judgment. At the time of divorce, if the parties have an agreement on lawful marital property, the agreement shall be followed.

The property unique to one party shall be owned by the party. The joint property of husband and wife shall generally be divided equally, and may not be equal when necessary, and where there is a dispute, the people's court shall make a judgment in accordance with law. The division of joint property in divorce should not be carried out without compromising the utility, performance and economic value of the property.

When dividing the means of production in the common property, they should be distributed to the party who needs the means of production and can better play the role of the means of production; When dividing the means of subsistence in the common property, it is necessary to satisfy the professional or professional needs of the individual as much as possible, so as to give full play to the use value of the property. The indivisible property shall be owned by one party according to the principle of actual needs and beneficial utility, and the party who receives the property shall compensate the other party according to the actual value at the time of divorce in accordance with the principle of equity.

How to divide the property in the event of divorce, remember these principles, please listen to the details of Yang Ranran, a marriage lawyer at Jiali Law Firm.

The question of how to divide the divorced property is definitely the top priority after the divorce, so how to divide it specifically? What does the law say about this? Let's listen to Lu Lu's explanation.

Divorce not only dissolves the personal relationship between husband and wife, but also terminates the property relationship between husband and wife, and naturally raises the issue of the identification and division of marital property.

According to our law, there are two main forms of division of marital property:

1) Division of the agreed property.

In the case of divorce, the division of the joint property of the husband and wife shall first be seen whether the parties have agreed on the property, and if the husband and wife agree in writing or orally on who owns the property, and there is no dispute between the two parties, and the content is legal and valid, it shall be handled according to the agreement.

However, the agreement to circumvent the law is invalid.

The conditions for the legality and validity of the property agreement are:

The subject of the agreement must be legitimate.

The subject of the agreement can only be the husband and wife.

When agreed, both parties must be persons with full capacity for civil liability.

The will of both parties is expressed to be legal.

The will of both parties shall be genuine and voluntary, and neither party shall use deception, threats, coercion or other means, nor shall the agreement be established that is obviously unfair.

The content of the agreement must be legal.

The content of the agreement must conform to the law and social public morality, and must not harm the interests of the state, the collective, and others.

Any agreement that evades the legal obligations of husband and wife, parents and children is invalid.

The form of the agreement must be legal.

The agreement shall be made in writing, and the oral agreement shall be valid if recognized by both parties.

Only agreements that meet the above conditions can be handled according to the agreement.

2) Division of legal common property.

Where there is no agreement between the husband and wife, or there is an agreement but there is a dispute between the two parties or the content of the agreement is unlawful, it is to be handled in accordance with the legally prescribed method of division, that is, the personal property belongs to the individual, and the joint property of the husband and wife is divided equally under the principle of taking care of the rights and interests of women and children.

Divorce will inevitably involve the division of property, especially the division of real estate, which is prone to disputes. So when you get divorced, how should the house be divided? The Marriage Law clarifies six situations for the division of property:

1.If the house is donated without going through the transfer procedures, the real estate will be returned to the donor and will not be divided; 2.After marriage, one of the parents contributes to buy a house and the property right is registered in the name of their children, which is personal property and will not be divided; 3.

After marriage, the parents of both parties will contribute to the purchase of the house, regardless of which party the property right is registered in, and it shall be divided according to the proportion of the capital contribution; 4.Buying a house before marriage and repaying the loan after marriage is the personal property of the purchaser and will not be divided. The part of the loan repayment after marriage and the part of its appreciation shall be compensated by the property right registration party in accordance with the proportion; 5.

If both parties use joint property to buy a house in the name of their parents, and the property right is registered in the name of one of the parents, the property right of the house belongs to the parents, not the property of the husband and wife, and cannot be divided, and can only be counted as a creditor's right to repay the capital contribution according to the capital contribution; 6.The purchase of a house by way of mortgage loan after marriage is jointly owned by the husband and wife, and the division of the property rights of the house shall, in principle, be equally divided. Legal basis:

Article 22 of the Interpretation (II) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China: Where before the parties get married, the parents contribute to the purchase of a house for both parties, the contribution shall be deemed to be a personal gift to their children, unless the parents expressly express the gift to both parties. After the parties get married, where the parents contribute to the purchase of a house for both parties, the contribution shall be deemed to be a gift to both husband and wife, except where the parents expressly express that the gift is made to one of the parties.

Ms. Li called ** for consultation: My boyfriend paid a down payment loan to buy a house before getting married, and registered the property rights in his name. In 2014, my boyfriend and I started planning for our wedding, and he negotiated with me to use our CPF to repay the loan after marriage.

Recently, I read on the Internet that if a husband and wife divorce, whoever buys the house will belong to whomever it is. I want to ask a lawyer: Is it really what it says on the Internet?

Lawyers Lu Yanmin and Tao Da of the Law Firm answer: Article 10 of the Interpretation (III) of the Marriage Law of the Supreme People's Court clearly stipulates: "If one of the husband and wife signs a real estate sales contract before marriage, pays the down payment with personal property and takes out a loan from the bank, and repays the loan with the joint property of the husband and wife after marriage, and the real estate is registered in the name of the party paying the down payment, the real estate shall be disposed of by agreement between the two parties at the time of divorce."

If no agreement can be reached in accordance with the provisions of the preceding paragraph, the people's court may make a judgment that the immovable property belongs to the party whose property rights are registered, and that the loans that have not yet been repaid are the personal debts of the party whose property rights are registered. In the case of divorce, the party registered in the property rights shall compensate the other party for the joint repayment of the loan and the corresponding increase in the value of the property in accordance with the principles stipulated in the first paragraph of Article 39 of the Marriage Law. ”

Accordingly, if one of the spouses purchases a house before marriage and registers it in the name of one of the spouses, and both parties repay the loan with the joint property of the husband and wife after marriage, if they divorce in the future, either party can get one-half of the joint loan repayment payment of both parties after marriage, as well as the corresponding increase in value. There is no legal basis for the rumors on the Internet that whoever buys the house belongs to whom.

According to Article 11 of the Interpretation (II) of the Marriage Law, "during the existence of the marital relationship, the following property shall belong to Article 17 of the Marriage Law"Other property that should be jointly owned":(2) Housing subsidies and housing provident funds that both men and women actually obtain or should obtain.

It can be seen that the use of the provident fund to repay the loan after marriage should be divided at the time of divorce, and the other party may be required to pay the corresponding value-added part, unless otherwise agreed by the husband and wife.

Divorce can only divide the joint property of the husband and wife, not the pre-marital property. The husband buys the house in full before marriage, and when the divorce occurs, the property belongs to the man; The husband takes out a loan to buy a house before marriage, and the part of the joint loan repayment is divided according to the joint property of the husband and wife.

One of the situations in which a divorced house is divided is that both parties only have one house, and both parties can claim the ownership of the house and the discount, and if one party takes ownership of the house, then the other party needs to pay the discount.

Summary. Hello dear! If the husband and wife agree in writing on the division of real estate in divorce as to who owns the property, or in oral form, and there is no dispute between the parties, the divorce shall be handled in accordance with the agreement. However, the agreement to circumvent the law is invalid.

Hello Bizhong! If the husband and wife agree in writing or orally on who owns the property in the divorce, and there is no dispute between the two parties, the divorce shall be handled in accordance with the agreement. However, the agreement to circumvent the law is invalid.

Hello dear! Real estate division: 1. Buy a house before marriage and pay off all the real estate of Jianqi, which is registered in your own name and belongs to personal property, so you should be cautious not to participate in the distribution.

2. Buying a house after marriage belongs to the joint property of the husband and wife, and it is generally distributed equally. 3. If one party makes a down payment before marriage and is registered in the name of the party making the down payment, and the loan is repaid jointly after marriage, and the property rights belong to the registrant, the other party shall be appropriately compensated by the person who has the right to filial piety of the manuscript. 4. If the parents buy a house and donate it to their children before marriage, it shall be regarded as a separate gift from the parents to their children.

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The following is the relevant basis for me to help you sort it out; Article 29 of the Interpretation (I) of the Supreme People's Court on the Application of the Marriage and Family Section stipulates that if the parents of the parties contribute to the purchase of a house for both parties before they get married, the contribution shall be deemed to be a gift to their children, unless the parents expressly express the gift to both parties.

Hello dear! Is the property the property of an individual or the property of the husband and wife?

At the time of divorce, if the parties have an agreement on lawful marital property, the agreement shall be followed. The property unique to one party shall be owned by the party. The joint property of husband and wife shall generally be divided equally, and may not be equal when necessary, and where there is a dispute, the people's court shall make a judgment in accordance with law.

According to the Marriage Law of the People's Republic of China:

Article 39: In the event of a divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If the agreement is not reached, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman.

The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

Article 40: Where a husband and wife agree in writing that the property acquired during the existence of the marital relationship shall belong to each other, and one party has paid more obligations for raising children, taking care of the elderly, assisting the other party in work, and so forth, he or she has the right to request compensation from the other party at the time of divorce, and the other party shall make compensation.